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(v)Nothing in this Franchise shall be construed to limit any authority <br />of the City to impose any tax, fee or assessment of general applicability. <br />(vi)The franchise fee payments required by this Franchise shall be in <br />addition to any and all taxes or fees of general applicability.Comcast shall not <br />have or make any claim for any deduction or other credit of all or any part of the <br />amount of said franchise fee payments from or against any of said taxes or fees of <br />general applicability,except as expressly permitted by law.Comcast shall not <br />apply nor seek to apply all or any part of the amount of said franchise fee <br />payments as a deduction or other credit from or against any of said taxes or fees <br />of general applicability,except as expressly permitted by law.Nor shall Comcast <br />apply or seek to apply all or any part of the amount of any of said taxes or fees of <br />general applicability as a deduction or other credit from or against any of its <br />franchise fee obligations,except as expressly permitted by law. <br />10.The Commission will pass a resolution withdrawing or rescinding the <br />Notice,Resolution No.2011-04 and Resolution No.2011-05 after this Settlement <br />Agreement has been executed by the Parties. <br />11.This Settlement Agreement is intended to be a binding and enforceable <br />agreement among the Parties,and will be effective upon execution by the Parties on the <br />date first set forth above.The Parties agree that they will execute this Settlement <br />Agreement no later than Friday,March 30,2012.The Parties further agree that this <br />Agreement may be executed in multiple counterparts. <br />12.The Parties agree that all promises,commitments,obligations and <br />payments set forth in Section 1 of this Settlement Agreement shall not be deemed to <br />exceed the franchise fee cap specified in Section 622(a)of the Cable Act, 47 U.S.C. <br />§542(a),and shall at no time be offset against or deducted from franchise fee payments, <br />grants or other financial support or in-kind compensation paid to the NSCC,the Member <br />Cities and/or their designee(s)under the Franchises.In addition,all promises, <br />commitments,obligations and payments set forth in Section 1 of this Settlement <br />Agreement shall not be treated as costs eligible for treatment as conditions or <br />requirements of a franchise for any purpose under 47 C.F.R.§76.925.Comcast hereby <br />waives any current or future right it may have to claim that any promise,commitment, <br />obligation or payment in Section 1 herein exceeds the franchise fee cap in 47 U.S.C. <br />§ 542 or may be offset against or deducted from franchise fee payments,grants and other <br />compensation paid to the NSCC,the Member Cities and/or their designee(s). <br />13.Nothing in this Settlement Agreement amends or alters the Franchises in <br />any way,and all provisions of the Franchises as hereafter renewed or amended,remain in <br />full force and effect and are enforceable in accordance with their terms and with <br />applicable law. <br />14.Any violation of this Settlement Agreement by Comcast shall be deemed a <br />violation of the Franchises or any renewed franchises,as appropriate,and the <br />8 <br />Exhibit D - 2012 Settlement Agreement